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Results of partition decree limitation

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Showing : 11-20 of 24 Results

TRIPURA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Final decree - Partition suit - Application for preparation of final decree can be moved by either party as in partition suit each and every party is both plaintiff and defendant - Provision of Limitation Act do not apply in such cases - However, final decree proceedings are to be drawn up by Court whether the..........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Any number of preliminary decrees can be passed in a suit for partition after first preliminary decree is passed - There is no legal inhibition for passing such preliminary decrees and limitation is not at all applicable...........

PATNA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Partition suit - Compromise decree - Plea of fraud - Limitation - Held, there is no limitation prescribed for maintaining an application u/s.151 CPC for questioning compromise decree on grounds of fraud...........

MADRAS HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Compromise decree - Procedure to be followed - Held, once the parties have partitioned the properties among themselves and when compromise is recorded only remaining things to be done by Court is to pass a final decree - Only act to be done is to engross the..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 18, Rule 20 -- Partition - Preliminary decree passed - Final partition proceedings are not subject to any period of limitation...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Limitation Act, 1963, Article 136, 137 -- Application to send decree and papers to Collector to carry out partition - Not an application for execution - Since it is not an application for execution as such Articles 136 & 137 of Limitation Act are not applicable...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Limitation Act, 1963, Article 136 -- Execution - Limitation - Suit for partition - Limitation of twelve years of execution of decree starts from the date of decree and not from the date when decree is engrossed on stamp paper - Engrossment of decree relates back to date of decree - Proposition that period of limitation would remain suspended till stamp paper is furnished..........

KARNATAKA HIGH COURT

Year of decision: 2003
Details

Civil Procedure Code, 1908, Order 22, Rule 2, 4, 6, 11 -- Death of one of defendant during pendency of appeal against decree in partition suit - When right to appeal survives on death of one of several defendants, but his L.R's not brought on record within period of limitation, appeal abates - Judgment pronounced by first Appellate Court when appeal had abated, is of no..........

Showing : 11-20 of 24 Results